Query about Public Liability Insurance
Discussion
Is there someone around who can deal with a query regarding public liability insurance?
The query relates to whether an insurer can avoid liability if the person who is negligent wasn’t following the guidelines they have been set.
The query has come about in a discussion about volunteer motorsport marshals:
The MSA has a public liability policy which covers signed on officials. In my opinion this will cover a marshal if they are sued for (for instance) pulling a driver out of a car in an incorrect manner and perhaps paralysing the driver, the policy will kick in if the marshal is shown to have acted negligently.
The discussion has wandered around to include Health and Safety topics which I know very little about and it has been suggested that if the marshal has not followed his/her training then the insurer could avoid the claim and the marshal would be personally liable.
I have legal training and a general insurance background and I’m sure this isn’t correct; the law requires a public liability policy to protect the public in the event of the negligence of another – that negligence by its nature will involve not following guidelines and training otherwise it wouldn’t be a negligent act.
Can someone with some knowledge in this area let me know their thoughts please?!
The query relates to whether an insurer can avoid liability if the person who is negligent wasn’t following the guidelines they have been set.
The query has come about in a discussion about volunteer motorsport marshals:
The MSA has a public liability policy which covers signed on officials. In my opinion this will cover a marshal if they are sued for (for instance) pulling a driver out of a car in an incorrect manner and perhaps paralysing the driver, the policy will kick in if the marshal is shown to have acted negligently.
The discussion has wandered around to include Health and Safety topics which I know very little about and it has been suggested that if the marshal has not followed his/her training then the insurer could avoid the claim and the marshal would be personally liable.
I have legal training and a general insurance background and I’m sure this isn’t correct; the law requires a public liability policy to protect the public in the event of the negligence of another – that negligence by its nature will involve not following guidelines and training otherwise it wouldn’t be a negligent act.
Can someone with some knowledge in this area let me know their thoughts please?!
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